LAWS(KAR)-2015-3-478

V SURESH Vs. COMMISSIONER

Decided On March 05, 2015
V SURESH Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) THE legality and correctness of the order passed by the learned Single Judge dated 08.07.2013 in W.P. No. 29534 of 2010 is called in question in this appeal.

(2.) HEARD the learned counsel appearing for parties.

(3.) IT is the specific case of the appellant that the Respondent No.4 was the owner of the property bearing No.31 situated at Binnamangala Extension, Ward No.82, Bangalore measuring East to West 25 ft 6 inches and North to South 26 ft. totally measuring 663 sq. ft. together with building comprising of ground, first and second floor. He purchased the aforesaid property from respondent No.4 - Company under a registered sale deed dated 14.07.2005. The said property was mortgaged in favour of M/s Shyama Rao Vittal Co -Operative Bank Limited by the Vendor of the appellant, ie., respondent No.4 before the said property was purchased by appellant. The appellant herein had discharged the said debt of Rs.11,95,000/ - to the said bank and got the documents released from the mortgage and further balance of Rs.10 lakhs was paid to the respondent No.4 Company.